Updated May 2019 F O O D C O N T A C T M A T E R I A L S A N D C H E M I C A L C O N T A M I N A T I O N There are multiple health concerns related to chemicals in food contact materials in Europe. This briefing looks at the current legislative system in the European Union for these materials and defines what is missing in the existing system and what must be changed if public health is to be protected. It also outlines the policy opportunities that are on the horizon. Have you ever wondered whether chemicals in the plastic wrapper on your meat or cheese can leach into the food you are about to eat? Or whether it is safer to buy your yogurt in a plastic pot or in a glass jar with a plastic lid? There are thousands of chemicals in food contact materials which can potentially migrate into food or drink and some are hazardous. Consumers tend to assume that they are protected from harmful chemicals in food and drink packaging, let alone the materials used in food processing and for cooking. In fact, the current European Union (EU) legislation on food contact materials is not fully effective in protecting public health. HEALTH AND ENVIRONMENT ALLIANCE 0 1 T H E H E A L T H P R O B L E M Currently, hazardous chemicals are present in plastics and other materials that come into contact with food. These chemicals can leach or migrate into food, and from there into our bodies. Chemicals are especially likely to migrate into food or liquids when the materials that come in contact with food are exposed to high temperatures, when contact times are long and when the food to material contact ratio is high. Food chemistry is also important. For example, chemicals are likely to leach into fatty liquids. A study on plastic food containers by the Danish Consumer Council project “THINK Chemicals” [2] showed that chemicals can migrate from the plastic walls of containers into warm fatty foods, such as gravy or lasagna. Avoiding packaged foods containing harmful chemicals reduces human exposure. A study from the United States showed that when people ate foods that have not been packaged, the levels of phthalates and bisphenol A (BPA) in their bodies went down significantly [1]. Chemicals considered most harmful are those that: • Cause cancer • Affect DNA • Harm reproduction • Do not break down in the environment • Are capable of building up in the food chain or bodies, and • Other harmful properties, such as disrupting hormones. Currently, there are chemicals from each of these six groups falling through the EU legislative net for food contact materials. HEALTH AND ENVIRONMENT ALLIANCE 0 2 H A Z A R D O U S C H E M I C A L S T H A T A R E P R O H I B I T E D O R S E T F O R P H A S E O U T U N D E R O T H E R E U L A W S A R E P E R M I T T E D I N F O O D C O N T A C T M A T E R I A L S Under the EU chemicals law REACH, chemicals belonging to six groups with harmful properties are being identified and required to undergo authorisation procedures for particular uses, the ultimate aim being to end those uses and move to safer alternatives [7]. Another law, on the authorisation of pesticides in the EU, directly prohibits three types of substances: endocrine disrupting chemicals (also known as hormone disruptors or EDCs), carcinogens and reproductive toxicants. The general concept that has developed in the EU is that the uses of harmful chemicals that expose many people and the environment (“wide dispersive use”) must stop and safer alternatives found. At least 58 chemicals that under REACH legislation are recognized as “Substances of Very High Concern” (SVHCs) are permitted in food contact materials. Chemicals found in food contact materials: A 2018 collaborative research project found that at least 148 substances present or used in the manufacturing of food packaging are hazardous to human health (63) and/or the environment (68) [3]. A 2015 Danish consumer test of pizza boxes made of recycled paper and board found fluorinated substances in all of the tested materials; along with mineral oils, phthalates, bisphenol A and nonylphenol also suspected to come from recycling material [4]. A 2016 EU JRC analysis of paper napkins found leaching carcinogenic primary aromatic amines from half of the tested items [5]. Further consumer tests of chemicals presence in fast food packages (2017) found fluorinated compounds at amounts exceeding the Danish recommended limit value in almost all of them and toxic chemicals in half of the sampled products (including chemicals listed as Substances of Very High Concern - SVHCs) [6]. HEALTH AND ENVIRONMENT ALLIANCE 0 3 E N D O C R I N E D I S R U P T I N G C H E M I C A L S Of particular concern are endocrine disrupting chemicals (EDCs). Recent science has associated EDCs with various diseases and conditions, such as hormonal cancers (breast, prostate, testes), reproductive problems (genital malformations, infertility), metabolic disorders (diabetes, obesity), asthma and neurodevelopmental conditions (learning disorders, autism spectrum disorders). Alongside what the cumulative scientific evidence already shows, the concern exists because of the rising levels of many of these diseases in Europe and worldwide. In addition, the public is widely exposed to these chemicals from various sources, including food contact materials. Contamination of food from just one EDC - Bisphenol A, known as BPA – has been estimated to be responsible for 12,404 cases of childhood obesity and 33,863 cases of newly incident coronary heart disease during 2008 [9]. Another study estimated that BPA in food contact materials and thermal paper was likely responsible for 42,400 obese 4-year-olds in Europe (with health costs of 1.54 billion euros per year) [10]. BPA is used to make certain plastics (polycarbonates) and coatings used on the insides of aluminum and metal cans, and the lids closures of glass jars and bottles. With the identification of BPA as toxic for reproduction and an endocrine disruptor for human health and the environment, other bisphenols are increasingly being used as a replacement. However, there is increasing scientific evidence that these might lead to irreversible and serious changes in organisms and that they might have endocrine disrupting properties too [11]. HEALTH AND ENVIRONMENT ALLIANCE Hormone disrupting chemicals are also of particular concern because their properties generally evade our current risk assessment system. This is because they have the following characteristics: Potential to cause harm long after an exposure stops; Potential for harm at extremely small doses which are usually not tested; Potential for harm dependent on timing of exposure (life phase); Potential for harm in subsequent generations; and Potential for additive effects or cocktail effects (the combination creates a stronger effect) [8] In a statement released in July 2018, the American Academy of Pediatrics warned against the effects of exposure to toxic chemicals – including EDCs - via food for children’s health. They are now calling for more rigorous testing and regulation of those substances [12]. Chemicals used for food packaging or manufacturing process that are flagged up for concern include: Bisphenols Phthalates Nonpersistent pesticides Perfluoroakyl chemicals (PFCs) Perchlorate HEALTH AND ENVIRONMENT ALLIANCE 0 4 The overall legislative architecture for all food contact materials is provided by: • EU Framework Regulation EC 1935/2004 [13] • EU Regulation on Good Manufacturing Practices for materials and articles intended to come into contact with food (EC) 2023/2006. These two laws cover materials and articles intended to come into contact with foods, and which are used in the food processing, storage, packaging, selling, cooking and serving phases. This includes everything from tubes used in cow milking to food processing machinery (e.g. conveyor belts), bulk container vats, gloves worn by workers handling food products, to the final packaging in which food items are sold, plus kitchen cookware, cutlery and dishes. It also includes materials and articles in contact with liquids for human consumption [14]. There are 17 different types of food contact materials. These include plastics, metals, silicones, paper and board, but also less obvious materials such as printing inks, adhesives, and coatings used inside cans and lids. The purpose of the regulation is: “to ensure the effective functioning of the internal market for materials and articles intended to come into contact directly or indirectly with food and provide the basis for securing a high level of protection of human health and the interests of consumers” (Article 1). Article 3 stipulates that the migrating chemicals must not enter food in quantities which could endanger human health. Given that the rapidly evolving science on endocrine disruptors is calling into question the established approach for identifying safe levels and that the current approach ignores combination effects, the EU legislation urgently needs revision. Another problem is that particular EU rules do not exist for all types of food contact materials. The current Framework Regulation allows for more particular rules to be set for any of the 17 types of food contact materials. Such rules normally involve more specific requirements for safety assessment and limits for the maximum migration of chemicals into the food. However, specific EU laws have only been set for five of the 17 types.